St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-05-15
SANITY CITY OoIHGs.
The Powers of the New Park Co nmis-
sion Sci Forth by Co lpstsat
Legal Authority.
Movements of the Street Railway Com
pany Toward More and Faster
Transportation.
Sale by Auction Of The Old Metropolitan
Hotel Ordered by the COURT
Local Summary.
POWERS OF THE BOARD.
A Legal Opinion on the Park Com
missions Powers.

= lIeSai opinion on the Park Com
missions Powers.
The park commission had meeting
yesterday and listened to the report of
Attorney Bigeiow, defining The powers
and rights of the commission under the
legislative act. Mr.. Bigelow is of
the opinion that the legislature
vested the exclusive authority in
the commission to determine what
lands should be appropriated and
condemned for park purposes, and
that the council, though charged
with the duty of providing the fund
established by the act, has no super
Visory or other control over the action
of the board of commissioners, in any
way. The legislature did not intend
that the board as Il preliminary to the
acquisition of lands for any particular
park. should devise and perfect an en-
tire park system. 1t is assumed that
the boad will carefully consider at
the outset the full scope of its
duties with reference to the ultimate
object of its appointment, but in doing
SO 1t should take up one park on locality
at time. Without fund TO do this
work the act would be useless. the
mereSt nonsense" says Mr.. BigeloW.
a fund the legislature has left it OBJ
tional with the common council tas |
learn has been decided), whether ii
shall be purchased OF not Mr. Bigc-
low continues:
The language Of the act (Sec y on this
subject is - hat for the purposes of this act
the common council of the city # ST. Paul
ARE MERELY AUTHORIZED
and empowered 10 Issue and negotiate bonds
OF the CITY OF ST Paul - an amount not eX-
ceeding the sum Of S225 GOO. = i
Proceeds of said bonds shall be paid
into the city treasury 10 the credit Of the
board OF park commissioners, and constitute
fund 10 he called the city park fund, etc
The ground Of the claim that this leaves il
optional with the city whether to issue
l am Informed, that the language Of
the section is not perGmptoTy, but
only rermiSSive. 1t is true the language IS
i'll terms, only permissive. But this proyiS-
ion concerns the public interest, and the
rights of third persons as well-the public
interest in securing the parks and the iight
of every erSon who shall become entitled 10
COMPENSATION for work secured or land ac-
qulred by the board under the act; and in all
cases OF this character The language used, al
though permiSsive i'll form, is il fact per-
emptory, and is always so construed, unless
there Is something else in the statute That
for6idS such construction, which is not the
case here.
Mr.. Eigelow cites numerous aathori-
ties in support OF his opinion, but closes
the paper without suggestions in regard
to the proper mode IF enforcing aCticn
by the council in case OF its refusal to
issue and negotiate bonds. After
careful discussion of the digest. the
board adopted the following curt reSo-
luti0nS:
THE BOARD RESOLVES.
Resolved. That the common council Of the
city Of st. Paul, in order to provide the city
park fund III accordance with the provisions
of an act Of the legislature entitled An net
To provide for the creation and organization
of beard Cf park commissioners ia and for
the city Of ST. Paul, Ramsey county. Mime
sofa approved Feb. %, 1887. are respect
fully requested 10 Issue and negotiate bonds
of the city Of ST. Paul to the amount
OF two hundred and twenty-five
thousand CS225 000) dollars and ray the
proceeds thereof into The ity treasury t. the
credit Of this beard; and that the usual and
proper city officials be directed by the com
mon council TO make ard execute Such
bonds and the coupons thereof i'll behalf Of
The city, and negotiate and sell the same and
place the proceeds thereof in the city treas
pry to constitute the city park fund, as pro-
Vlded in the seventh section If said act.
Resolved further, That the secretary be
Instructed TO present certified copy Of this
resolution to the common council at its next
meeting.